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Copyright Giulio Coraggio 2018

 

Dear Reader, If you found my blog interesting and you will be in London next week, I would love meeting you in person to discuss about Italian gaming law or also just for a chat. I will be in London from the 24th to the 29th of January to attend the Legal Gaming in Europe Conference and the IGE. Send an email to me, Giulio Coraggio, so we can meet up for a beer. ...

The draft decree setting out the new regime under which the Italian Gaming Authority will issue new online gaming licenses during the next months also contains interesting “surprises” for gaming operators. Indeed, the draft decree expressly prohibits the installation of gaming terminals connecting to online gaming websites run by licensees in public places. This kind of gaming terminals called “TOTEM” have become very popular in Italy and the biggest gaming operators have placed them in a number of coffee shops, department stores and gaming halls gaining a considerable advantage from them since players can recharge their gaming account through totems and because they represent a unique tool to connect the online world with offline premises. However, the potential damages that current gaming operators...

As a consequence of the next issuance of new gaming licenses by the Italian Gaming Authority, some foreign gaming operators asked me…, what are the benefits of an Italian gaming license?Well, the answer is…: without an Italian gaming license an operator cannot offer its games to Italian residents!Indeed, regardless of the fact that an operator already holds a gaming license in an European or non-European country, the offer of games to Italian residents in absence of an Italian gaming license is sanctioned with the imprisonment up to 3 years. Moreover, the Italian Gaming Authority has obliged Internet Service Providers to put in place filters that block the access by Italian residents to non-licensed gaming websites. Therefore, Italian residents are not...

The Italian Gaming Authority has now issued a Decree governing the so called “system bets” on fixed odd sports events different from horse events and on non-sports events. System bets are a set of fixed odd bets generated combining different results that are contemporaneously validated through a unique receipt of participation. System bets are distinguished in different categories (i) integral systems (ii) systems with corrections and (iii) integral systems with corrections. The maximum win awarded through a system bets cannot be higher than € 50,000, while the potential win for each bet which is part of the win cannot exceed € 10,000. The Italian Gaming Authority through this Decree tried to meet the requests from betting operators introducing a mechanic...

After the publication on Facebook of violent statements against the Italian Prime Minister, Mr. Berlusconi, the Italian Minister of Home Affairs, Mr. Maroni, proposed the blocking of the access by Italian residents to all the social networks. Following the considerable complaints to which such proposal led, Mr. Maroni proposed a 3 steps measure: in case of illegal content published on websitesjudicial authorities will order the removal of the material to the user who uploaded it;if the user does not comply with the order. he will be fined and judicial authorities will order the removal of the material to the Internet service provider hosting it;if the provider does not comply with the order, judicial authorities will order to Internet service providers...

The Italian Gaming Authority has notified to the European Commission the draft decree setting out the new licensing regime that will govern the issue of the new online gaming licenses to the operators willing to enter into the Italian gaming market and that prescribes additional obligations for the current and new licensees. The EU Member States and the European Commission will be able to raise comments on the draft decree up to 19 March 2010 when the so called "stand still" period will expire. If no relevant comments are filed, the decree is expected to the published on the Official Gazette shortly later and, from the publication date, operators will be entitled to apply for an Italian gaming license.Operators interested...

The Italian Supreme Court has issued a decision in a criminal proceeding against www.thepiratebay.org, a P2P website because of the breach of copyright laws through the making available to the public of copyright protected works. In particular the Court held that Pirate Bay is liable since it does not merely make available to users the transfer data protocol allowing the file sharing but:“it indexes the information that are uploaded by other users so that this information - even if the activity of the provider is reduced to a minimum - is still essential for users to navigate through the website and find the files they are looking for, are developed and made available on the website, eg. by means of...

The Advocate General of the European Court of Justice issued its opinion on the compliance with the European principle of the freedom to provide services of the current Dutch gaming license system which prescribes:that it is prohibited to organise or promote gambling without having obtained a licence for that purpose; andthat only one provider for each category of game may receive a licence.The dispute arose from 2 cases involving Betfair and Ladbrokes against the current Dutch gaming licensees De Lotto and SGR.The Advocate General held that:“the Court has consistently held that the Member States may restrict the organisation and exploitation of gaming in their territory in order to protect consumers [and …] that a Member State may legitimately grant a...

In a previous post, we had discussed about the issue of the rules governing the authorization process necessary for the provision of online bingo in Italy. However, the launch of online bingo was still pending since the Italian Gaming Authority had to adapt the rules governing online bingo to the new rules governing offline bingo. Such additional rules have now been issued prescribing - among others - that during a trial period expiring on 31 December 2010 the awarded jackpot shall be at least 70% of the total amount collected from the sale of bingo cards during each game and also amending the regulations on the allocation of the prizes.According to the Italian Gaming Authority the launch of online bingo...

The offer of games to Italian residents can be performed only by operators holding an Italian gaming license. The breach of this obligation by operators and companies advertising non-licensed operators is punished with criminal sanctions. Also, since 2007 Italian ISPs are obliged to block the access by Italian residents to non-licensed gaming websites that are included in a blacklist which is updated on a monthly basis. However, players and operators have found means able to circumvent the block implemented by ISPs. This has led to considerable complaints by licensed operators which are suffering damages because of non-licensed operators. As a consequence, the Italian Gaming Authority has now announced that it will implement stricter measures against non-licensed gaming operators. We’ll see...